Rachmaninoff not PD?

[guifre]

Hello everybody!

A couple of weeks ago I uploaded a scan of Rachmaninoff's 2nd Piano Sonata; 1931 version (Moscow: A. Gutheil, 1931). When I did this, I realized that another edition (Moscow: Muzgiz, 1948 - Editors died in 1948 and 1951) had been already uploaded, but was Temporarily blocked.

The next day I went to check if my score had been successfully reviewed and I realised that not only my contribution had ben released, but also the soviet edition, that had been blocked for ages.

After seeing this, I think that - according to the Canadian laws - most late works by Rachmaninoff (Symphony No.3, 4th Piano Concerto, Symphonic Dances, etc.) should be released, as it seems to me that they are blocked without any reason.

Please, check it:

http://imslp.org/wiki/Symphony_No.3,_Op ... f,_Sergei)
http://imslp.org/wiki/Piano_Concerto_No ... f,_Sergei)
http://imslp.org/wiki/Symphonic_Dances, ... f,_Sergei)

>>Maybe I am wrong, in this case, could anybody tell me why does that happen?
Thanks.

[Melodia]

Anything not PD in the US is blocked, even if it's PD in Canada. Apparently, they are afraid of unlocking them since so much traffic comes from the US, even if it'd be perfectly legal to allow DLs of them.

[vinteuil]

Well, we've been a little adventurous with Rachmaninoff, so we're taking each one on a case-by case basis (ask Carolus, who is the only one brave enough and knowledgable enough to be doing this). Basically, it's to do with Rule of the Shorter Term...and is one of our more risque ideas.

[Carolus]

Rachmaninoff is a very complicated case as far as copyright status is concerned in the EU and the USA. This has much to do with the fact that he left Russia in 1918 and took up residence in the USA primarily, with a second home in Switzerland. He did not actually become a US citizen until shortly before his death in 1943.

There are a number of later works which are still protected in the USA due to the fact that they were first published after 1922, bore a valid copyright notice and were duly renewed after 28 years. The Corelli Variations, Symphony No.3, Symphonic Dances, and Paganini Variations all fall into this category. The factors of having a primary residence in the US and attaining US citizenship mean that any works failing to meet notice requirements do not qualify for GATT/TRIPs restoration - unlike other Russian composers such as Prokofiev and Medtner. This includes the earlier works first published after his death in the USSR (all without the required notice, etc.). Because the EU practices "Rule of the Shorter Term" for all non-EU works, the works issued in Russia before 1918 and after his death are probably free in the EU as well, as the country of origin is Russia (where he is public domain) for pre-1918 works and the USA for post-1918 issues. The works that are still protected in the USA mentioned above are likely also protected in the EU as they are still copyright in their country of origin (USA).

There are a few works issued under the Gutheil imprint, which became part of Koussevitsky's Edition Russe de Musique in 1914, that might be eligible for EU protection because Edition Russe was headquartered in Paris and Berlin starting around 1920 in the wake of the USSR's appropriation of all corporate properties. As you can probably tell, this issue gets pretty crazy.

[guifre]

Wow, I didn't think that issue was so complicated!!
Thank you very much for your explanations.

Guifré.

[Starrmark]

Continuing with Rachmanninov. In the light of your comments about Gutheil, is the Rachmanninov Cello Sonata now PD? - at least in the US and Canada. It was published by Gutheil in 1902.

I assume all of Rachmanninov becomes PD in the EU after 2013. Or does it?

MS

[Carolus]

The Cello Sonata is free and is readily available as a reprint from Masters (at much less than what Boosey charges). The thing that remains a bit confusing about Rachmaninoff is his status in the EU. The EU exercises "Rule of the Shorter Term" for works of non-EU origin. For example, if an American composer failed to renew a copyright, allowing the work to enter the public domain in the USA (its country of origin), the work is not entitled to protection in the EU. However, if a particular country (like Germany or France) is bound by a bi-lateral treaty with the USA (as many EU countries are) the work mat be entitled to protection up to what it would be if it were a work of a native of the treaty country (life-plus-70 in most places). Rachmaninoff departed Russia forever in December 1917, and established a principal residence in the USA starting in 1918, though he did not become a US citizen until a month before his death in 1943. OK, so the country of origin is probably the USA from 1918 onward. In Russia, his death date (1943) is before the 1953 application of the present term of 70pma, which means the works published before 1918 are probably free in the EU. I am still in the process of re-tagging Rachmaninoff's work to fit this rubric, BTW.